Maritime Law
Law Library
Maritime Law Articles
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Extension of Existing Drain Held to Require ILSA Permit
The Michigan Court of Appeals has ruled that a project to extend an existing drain was not exempt from the permitting requirements of the Inland Lakes and Streams Act, currently codified as Part 301 of the Natural Resources and Environmental ...
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MDEQ Revises Wetland Determination Rules
The Michigan Department of Environmental Quality (MDEQ) has promulgated revisions to its rules on determining whether a property contains wetlands. Under the revised rules, wetland determinations are now called "assessments." The revised rules also ...
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Japan Limits Restrictions on Foreign Arbitration Counsel
The Japanese Diet has passed amendments to the law governing lawyers to permit foreign attorneys to represent clients at international arbitrations in Japan. These amendments are aimed at drawing more international arbitrations to Japan, where ...
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High-Low Agreements: A Viable Settlement Alternative
In today's society litigation is nearly unavoidable. It affects all facets of our lives. If you are a professional, malpractice is always a concern. If you are an employer, you must be concerned with worker's compensation and complaints of sexual ...
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Guarantee/Statute of Limitation
Orix Credit Alliance, Inc. v. Horten, 965 F. Supp. 481 (S.D.N.Y. 5/19/97). GUARANTEE/STATUTE OF LIMITATION - When does the statute of limitation on a guaranty begin to run? Is it when the lessee defaults? Is it when judgment is obtained against the ...
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Fourth Circuit Parts Company with Other Federal Appeals Courts in Significant Wetlands Decision
On December 23, 1997, a three-judge panel of the United States Court of Appeals for the Fourth Circuit overturned the criminal convictions of Maryland developer, James J. Wilson, Interstate General Company and St. Charles Associates. United States ...
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FEMA's Proposed New Insurance RequirementsMay Cause Hardship to Small Governments and Non-Profit Organizations
On February 23, 2000, the Federal Emergency Management Agency ("FEMA") published an Advanced Notice of Proposed Rulemaking ("Advanced Notice") for its Public Assistance Program. In the Advanced Notice, FEMA proposed that state and local governments ...
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The Federal Disaster Declaration Process and Disaster Aid Programs
to a disaster is the job of local government's emergency services with help from nearby municipalities, the state and volunteer agencies. In a catastrophic disaster, and if the governor requests, federal resources can be mobilized through the ...
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Vessels "In Navigation": Determining Admiralty Jurisdiction
In the March 1997 Trial News Special Focus section, I began a series of articles discussing admiralty and maritime jurisdiction. The first article outlined the issue of establishing seaman status. This article will address another key element of ...
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U.S. Supreme Court Severely Narrows U.S. Army Corps of Engineers' Jurisdiction Over Waters of the United States
Section 404(a) of the Clean Water Act authorizes the Army Corps of Engineers to issue permits allowing the discharge of dredged or fill material into navigable waters, which are defined as "waters of the United States." In accordance with ...